Case details

Defense claimed waterslide passed all safety checks

SUMMARY

$0

Amount

Decision-Defendant

Result type

Not present

Ruling
KEYWORDS
aggravation of pre-existing condition shoulder, eye neck, soft tissue
FACTS
On Aug. 2, 2015, plaintiff Sonia Krietz, a mortgage lender in her 50s, was allegedly ejected from a single person inner tube on the Honolulu Half Pipe, a waterslide at Raging Waters Sacramento, in Sacramento. Krietz claimed that she fell about 100 feet and landed at the bottom of the slide. Krietz sued the believed operators of the water park, Festival Fun Parks, LLC, Palace Entertainment, LLC and Raging Waters Sacramento. She alleged that the defendants were negligent in the repair and/or maintenance of the waterslide, creating a dangerous condition. It was ultimately determined that the owner and operator of the park was Festival Fun Parks, and the matter continued against that entity only. Krietz, appearing pro se, claimed that the slide had insufficient water and/or a lack of proper water flow from the water pump, causing a dry spot on the slide that ultimately caused her to be ejected. Defense counsel contended that the waterslide passed all annual and regular checks and audits conducted by third-party inspectors, the state of California, and the park’s inspectors. Counsel also contended that, per the park’s documentation, the checks done on the slide leading up to the incident and on the subject date, documented that the slide complied with all manufacturer recommendations and requirements. Counsel further contended that, after the incident, the slide was closed down for approximately 30 minutes, during which the park’s the maintenance department investigated the slide, including the water pumps, found everything worked properly and then reopened the slide. In addition, defense counsel noted that there were no complaints about a similar type of accident before or after the subject incident., The trial was bifurcated. Damages were not before the court. Krietz claimed she sustained soft tissue sprains and strains to her neck and shoulder. She also claimed she suffered an aggravation of a previous eye lift to her left eye. Krietz first sought medical treatment over two weeks after the alleged incident and she also underwent an orthopedic evaluation. She claimed she required a revised eye lift as a result of the alleged accident. She also claimed she gained weight after the incident and had to have liposuction to go back to her pre-incident weight.
COURT
Superior Court of Sacramento County, Sacramento, CA

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